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Can someone tell me if this goes against my rights at work? Or is it just unfortunate circumstances?

10 replies

humanpotato · 13/06/2022 12:06

I really don’t know where I stand or if my company are in the wrong or wether it’s a case of unfortunate circumstances?

So, I’m a breastfeeding mother due to go back to work my last maternity pay is this week and I’m starting to panic I’ve applied for so many jobs and went into loads of care homes etc with my CV and cover letter.

I’m currently a care worker and I was employed as a walker (door to door care) I used to live in Ferryhill so that’s where I was employed. As a lot of people know with this type of job you have break gaps all over you could work five hours all together but you’ve been working from 7am-10pm with the way the calls have scattered so walkers need to be able to go home.

Anyway, I moved well over a year ago to a new area they wouldn’t change my area at work and I was the only walker expected to work well out of their area luckily my boyfriend would give me lifts but some days I would just be stuck there all day long sat on a bench etc for hours. This isn’t possible to do anymore not now we have a baby to care for. Plus I wouldn’t have anywhere to express my milk or store it.

I arranged a back to work meeting and expressed how I need to go down to part time hours and in my own area because I can’t get to ferryhill anymore and most importantly I breast feed and I need to facility’s to be able to express and store my milk… but I have been told there is no work near my home for me other than two calls so this is literally like an hour or less work…

Where do I stand? Because yes I worked there originally but they’ve known I’ve needed to change areas for well past a year and this is also not providing me with the right care for breast feeding rights? Surely that is breaking some sort of law?

I had a phone call because I asked if I could do an ease back into work shift and I was offered a 10 hour night shift covering for a girl who was on holiday but they said I am not allowed to express my milk for the duration of the shift… they also didn’t actually ask the service user if they would mind… and I know health and safety rules were broken there as this could potentially cause mastitis etc? So it was either don’t accept the shift because you breast feed and need to express or take it but you aren’t allowed? but why should I miss out on work because I breast feed? Anyway, the woman was lovely and had no issues with breast feeding and once she was in bed there was no troubles at all!

What are peoples thoughts and opinions?

I’m just stressed now about where my next pay is going to come from if I don’t get a job offer very soon!

OP posts:
LIZS · 13/06/2022 12:15

Think you are confusing the issues. Is it a 0 hours contract? If you have moved they are not obliged to provide work local to you, especially if there are no more clients there. There should be breaks to breastfeed/express but realistically the nature of your work will not provide anywhere to do so except your home or space at the office (if that is accessible to you?). After ML they are only obliged to offer your job, or an equivalent in grade and responsibility.

Looneytune253 · 13/06/2022 12:17

The not allowing you to bf is a defo no but only having work on your regular area can't be helped. Doesn't sound like the hours are good for you to be fair. Why not look into a care home or similar. Then you'll be based at one place and there'll be time and space to express on breaks etc

humanpotato · 13/06/2022 12:20

LIZS · 13/06/2022 12:15

Think you are confusing the issues. Is it a 0 hours contract? If you have moved they are not obliged to provide work local to you, especially if there are no more clients there. There should be breaks to breastfeed/express but realistically the nature of your work will not provide anywhere to do so except your home or space at the office (if that is accessible to you?). After ML they are only obliged to offer your job, or an equivalent in grade and responsibility.

I'm contracted, and where I understand my local area hasn't got the hours I've been asking to change areas for well over a year and then whilst I was on maternity leave they hired people for my area...

I would've thought with work places needing to provide me with a place to express milk they would have to locate me appropriately?

OP posts:
Respectforpeople · 13/06/2022 12:28

Two separate issues

Your employer is meeting their legal obligations by allowing you to return to your job covering your original area. You chose to move area, which you are entitled to do, and do not have to move your area.

I understood care work were short of staff, can you not find agency work until you get another job in your area. As pp stated a care home might be better.

With regard to breast feeding the HSE and ACAS both have good advice.

www.hse.gov.uk/mothers/employer/rest-breastfeeding-at-work.htm
www.acas.org.uk/sites/default/files/2021-03/acas-guide-on-accommodating-breastfeeding-in-the-workplace.pdf

humanpotato · 13/06/2022 12:37

I'm applying for loads of care jobs for something more suited to my circumstances I'm just worried with this week being my last pay with how long it will take for a job to get back. Fingers crossed it's soon..

OP posts:
Respectforpeople · 13/06/2022 12:56

Contact the JobCentre and ask what benefits you are entitled to.

Have you signed up with an agency?

Ohthatsexciting · 13/06/2022 12:58

Your difficulty is because of the location due to your move op

You are on very weak ground

Ohthatsexciting · 13/06/2022 13:04

humanpotato · 13/06/2022 12:06

I really don’t know where I stand or if my company are in the wrong or wether it’s a case of unfortunate circumstances?

So, I’m a breastfeeding mother due to go back to work my last maternity pay is this week and I’m starting to panic I’ve applied for so many jobs and went into loads of care homes etc with my CV and cover letter.

I’m currently a care worker and I was employed as a walker (door to door care) I used to live in Ferryhill so that’s where I was employed. As a lot of people know with this type of job you have break gaps all over you could work five hours all together but you’ve been working from 7am-10pm with the way the calls have scattered so walkers need to be able to go home.

Anyway, I moved well over a year ago to a new area they wouldn’t change my area at work and I was the only walker expected to work well out of their area luckily my boyfriend would give me lifts but some days I would just be stuck there all day long sat on a bench etc for hours. This isn’t possible to do anymore not now we have a baby to care for. Plus I wouldn’t have anywhere to express my milk or store it.

I arranged a back to work meeting and expressed how I need to go down to part time hours and in my own area because I can’t get to ferryhill anymore and most importantly I breast feed and I need to facility’s to be able to express and store my milk… but I have been told there is no work near my home for me other than two calls so this is literally like an hour or less work…

Where do I stand? Because yes I worked there originally but they’ve known I’ve needed to change areas for well past a year and this is also not providing me with the right care for breast feeding rights? Surely that is breaking some sort of law?

I had a phone call because I asked if I could do an ease back into work shift and I was offered a 10 hour night shift covering for a girl who was on holiday but they said I am not allowed to express my milk for the duration of the shift… they also didn’t actually ask the service user if they would mind… and I know health and safety rules were broken there as this could potentially cause mastitis etc? So it was either don’t accept the shift because you breast feed and need to express or take it but you aren’t allowed? but why should I miss out on work because I breast feed? Anyway, the woman was lovely and had no issues with breast feeding and once she was in bed there was no troubles at all!

What are peoples thoughts and opinions?

I’m just stressed now about where my next pay is going to come from if I don’t get a job offer very soon!

Did you express or breast feed?

Yodaisawally · 13/06/2022 13:08

They don't have to accommodate your move and presumably they recruited in that area while you were on mat leave because they needed people at the time.

That will be there stance before the BF issue.

Jalisco · 13/06/2022 13:23

humanpotato · 13/06/2022 12:20

I'm contracted, and where I understand my local area hasn't got the hours I've been asking to change areas for well over a year and then whilst I was on maternity leave they hired people for my area...

I would've thought with work places needing to provide me with a place to express milk they would have to locate me appropriately?

No they don't have to locate you somewhere else because you are breastfeeding / expressing. And the rights here aren't straightforward either, because they also only have to provide facilities where it is reasonable and practicable to do so. For most people in fixed working locations that would be somewhere in the "office" or "workplace". In your case there is no such location, and I do not think that the right extends to being allowed to use other people's homes.

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